Aggravating Circumstances for a DUI in CA
Posted on Aug 4, 2016 11:02am PDT
Upon being arrested and charged with driving under the influence in California,
you must understand that you have yet to be convicted of a
DUI. The reason being that specific sentence for each person depends on a
variety of factors, such as certain facts regarding their case and their
criminal background.
The following are the aggravating circumstances of a DUI which may enhance
a DUI sentence:
-
Prior DUI – If you have previously been convicted of a DUI, it could have a substantial
impact on your current DUI. It’s important to understand this only
pertains to prior convictions, not prior arrests.
-
Speeding – If you were driving at excessively high speeds at the time of your arrest,
this speeding will be added to your final sentence. It must be a significantly
higher speed that the limit, as opposed to just a few miles over.
-
Injury or death – If you cause a serious injury to another person or killed another person
while driving intoxicated, it can raise your DUI conviction to a felony.
-
Child in the car – If there was a child present in the vehicle at the time of your arrest
for a DUI, this will add to your sentence.
-
Refusal – If you refuse to undergo blood alcohol content (BAC) testing after your
arrest, this could result in additional sentencing. This test is mandatory.
-
Suspended license – If you are driving with a suspended license while being arrested for a
DUI, you will be facing conviction on two separate charges.
-
Probation violation – If you are probation with a prior DUI or a prior criminal offense upon
your current arrest for a DUI, a new conviction will be associated with
an additional charge of probation violation.
For more information about the aggravating circumstances of a DUI,
contact The Law Office of Robert F. Sommers and schedule a
consultation with our Ventura DUI defense attorney today. We are proud to defend clients
throughout Ventura County, Los Angeles, Thousand Oaks, Santa Barbara County,
and Woodland Hills.